[Congressional Record Volume 161, Number 117 (Friday, July 24, 2015)]
[Senate]
[Pages S5687-S5689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2331. Mrs. CAPITO submitted an amendment intended to be proposed
to amendment SA 2266 proposed by Mr. McConnell to the bill H.R. 22, to
amend the Internal Revenue Code of 1986 to exempt employees with health
coverage under TRICARE or the Veterans Administration from being taken
into account for purposes of determining the employers to which the
employer mandate applies under the Patient Protection and Affordable
Care Act; which was ordered to lie on the table; as follows:
[[Page S5688]]
At the end of division F, add the following:
TITLE LXII--AFFORDABLE RELIABLE ELECTRICITY
SEC. 62_01. SHORT TITLE.
This title may be cited as the ``Affordable Reliable
Electricity Now Act of 2015''.
SEC. 62_02. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Demonstration project.--The term ``demonstration
project'' means a project to test or demonstrate the
feasibility of a carbon capture and storage technology that
has Federal Government funding or financial assistance.
(3) Existing source.--The term ``existing source'' has the
meaning given the term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(4) Greenhouse gas.--The term ``greenhouse gas'' means any
of the following:
(A) Carbon dioxide.
(B) Methane.
(C) Nitrous oxide.
(D) Sulfur hexafluoride.
(E) Hydrofluorocarbons.
(F) Perfluorocarbons.
(5) Modification.--The term ``modification'' has the
meaning given the term in section 111(a) of the Clean Air Act
(42 U.S.C. 7411(a)).
(6) Modified source.--The term ``modified source'' means
any stationary source, the modification of which is commenced
after the date of enactment of this Act.
(7) New source.--The term ``new source'' has the meaning
given the term in section 111(a) of the Clean Air Act (42
U.S.C. 7411(a)).
(8) Reconstructed source.--The term ``reconstructed
source'' means any stationary source, the reconstruction (as
defined in section 60.15 of title 40, Code of Federal
Regulations (as in effect on the date of enactment of this
Act)) of which is commenced after the date of enactment of
this Act.
SEC. 62_03. STANDARDS OF PERFORMANCE FOR NEW, MODIFIED, AND
RECONSTRUCTED FOSSIL FUEL-FIRED ELECTRIC
UTILITY GENERATING UNITS.
(a) Limitation.--The Administrator may not issue,
implement, or enforce any proposed or final rule, in whole or
in part, under section 111 of the Clean Air Act (42 U.S.C.
7411) that establishes a standard of performance for
emissions of any greenhouse gas from any new source, modified
source, or reconstructed source that is a fossil fuel-fired
electric utility generating unit, unless that rule meets the
requirements of subsections (b) and (c).
(b) Requirements.--In issuing any rule pursuant to section
111 of the Clean Air Act (42 U.S.C. 7411) establishing
standards of performance for emissions of any greenhouse gas
from new sources, modified sources, or reconstructed sources
that are fossil fuel-fired electric utility generating units,
the Administrator, for purposes of establishing those
standards--
(1) shall separate sources fueled with coal and natural gas
into separate categories; and
(2) shall not establish a standard based on the best system
of emission reduction for new sources within a fossil-fuel
category unless--
(A) the standard has been achieved, on average, for at
least 1 continuous 12-month period (excluding planned
outages) by each of at least 6 units within that category--
(i) each of which is located at a different electric
generating station in the United States;
(ii) that, collectively, are representative of the
operating characteristics of electric generation at different
locations in the United States; and
(iii) each of which is operated for the entire 12-month
period on a full commercial basis; and
(B) no results obtained from any demonstration project are
used in setting the standard.
(c) Coal With Certain Heat Content.--
(1) Separate subcategory.--In carrying out subsection
(b)(1), the Administrator shall establish a separate
subcategory for new sources, modified sources, or
reconstructed sources that are fossil fuel-fired electric
utility generating units using coal with an average heat
content of 8,300 or less British Thermal Units per pound.
(2) Standard.--Notwithstanding subsection (b)(2), in
issuing any rule pursuant to section 111 of the Clean Air Act
(42 U.S.C. 7411) establishing standards of performance for
emissions of any greenhouse gas from new, modified, or
reconstructed sources in the subcategory referred to in
paragraph (1), the Administrator shall not establish a
standard based on the best system of emission reduction
unless--
(A) that standard has been achieved, on average, for at
least 1 continuous 12-month period (excluding planned
outages) by each of at least 3 units within that
subcategory--
(i) each of which is located at a different electric
generating station in the United States;
(ii) which, collectively, are representative of the
operating characteristics of electric generation at different
locations in the United States; and
(iii) each of which is operated for the entire 12-month
period on a full commercial basis; and
(B) no results obtained from any demonstration project are
used in establishing that standard.
SEC. 62_04. STANDARDS OF PERFORMANCE FOR EXISTING FOSSIL
FUEL-FIRED ELECTRIC UTILITY GENERATING UNITS,
COMPLIANCE EXTENSION, AND RATEPAYER PROTECTION.
(a) Limitation.--
(1) In general.--The Administrator may not issue,
implement, or enforce any proposed or final rule described in
paragraph (2), unless that rule meets the requirements of
subsection (b).
(2) Description of rule.--A rule referred to in paragraph
(1) is any proposed or final rule to address carbon dioxide
emissions from existing sources that are fossil fuel-fired
electric utility generating units under section 111 of the
Clean Air Act (42 U.S.C. 7411), including any final rule that
succeeds--
(A) the proposed rule entitled ``Carbon Pollution Emission
Guidelines for Existing Stationary Sources: Electric Utility
Generating Units'' (79 Fed. Reg. 34830 (June 18, 2014)); or
(B) the supplemental proposed rule entitled ``Carbon
Pollution Emission Guidelines for Existing Stationary
Sources: EGUs in Indian Country and U.S. Territories; Multi-
Jurisdictional Partnerships'' (79 Fed. Reg. 65482 (November
4, 2014)).
(b) Requirements.--
(1) In general.--Before issuing, implementing, or enforcing
any rule described in subsection (a)(2), the Administrator
shall--
(A) submit to Congress a report describing the quantity of
greenhouse gas emissions that the rule is projected to
reduce, as compared to overall domestic and global greenhouse
gas emissions;
(B) conduct modeling regarding the means by which the
source rule in effect on the date of development of the
proposed rule, if applicable, impacts each climate indicator
used by the Administrator in developing the proposed rule;
and
(C) issue State-specific model plans to demonstrate with
specificity the areas in, and means by which, each State will
be required to reduce the greenhouse gas emissions of the
State under the rule.
(2) Exclusion.--A court shall not consider paragraph (1) in
determining whether the Administrator is authorized to issue
any rule described in subsection (a)(2).
(c) Ratepayer Protections.--No State shall be required to
adopt or submit a State plan, and no State or entity within a
State shall become subject to a Federal plan, pursuant to any
final rule described in subsection (a), if the Governor of
the State makes a determination, and notifies the
Administrator, that implementation of the State or Federal
plan would have a negative effect on--
(1) economic growth, competitiveness, and jobs in the
State;
(2) the reliability of the electricity system of the State;
or
(3) the electricity ratepayers of the State, including low-
income ratepayers, by causing electricity rate increases.
(d) Extension of Compliance Dates.--
(1) Definition of compliance date.--
(A) In general.--In this subsection, the term ``compliance
date'' means, with respect to any requirement of a final rule
described in subsection (a)(2), the date by which any State,
local, or tribal government or other person is first required
to comply with the requirement.
(B) Inclusion.--The term ``compliance date'' includes the
date by which State plans are required to be submitted to the
Administrator under any final rule described in subsection
(a)(2).
(2) Extensions.--Each compliance date of any final rule
described in subsection (a)(2) is deemed to be extended by
the time period equal to the time period described in
paragraph (3).
(3) Period described.--The time period described in this
paragraph is the period of days that--
(A) begins on the date that is 60 days after the day on
which notice of promulgation of a final rule described in
subsection (a)(2) appears in the Federal Register; and
(B) ends on the date on which judgement becomes final, and
no longer subject to further appeal or review, in all actions
(including any action filed pursuant to section 307 of the
Clean Air Act (42 U.S.C. 7607) that--
(i) are filed during the 60 days described in paragraph
(A); and
(ii) seek review of any aspect of the rule.
SEC. 62_05. LIMITATION ON EFFECT OF NONCOMPLIANCE.
Notwithstanding any other provision of law, noncompliance
by a State with any proposed, modified, or final rule
described in section 62_03 or 62_04 applicable to any new,
modified, reconstructed, or existing source shall not
constitute a reason for imposing any highway sanction under
section 179(b)(1) of the Clean Air Act (42 U.S.C.
7509(b)(1)).
SEC. 62_06. REPEAL OF EARLIER RULES AND GUIDELINES.
The following rules shall be of no force or effect, and
shall be treated as though the rules had never been issued:
(1) The proposed rule--
(A) entitled ``Standards of Performance for Greenhouse Gas
Emissions for New Stationary Sources: Electric Utility
Generating Units'' (77 Fed. Reg. 22392 (April 13, 2012)); and
(B) withdrawn pursuant to the notice entitled ``Withdrawal
of Proposed Standards of Performance for Greenhouse Gas
Emissions for New Stationary Sources: Electric Utility
Generating Units'' (79 Fed. Reg. 1352 (January 8, 2014)).
[[Page S5689]]
(2) The proposed rule entitled ``Standards of Performance
for Greenhouse Gas Emissions from New Stationary Sources:
Electric Utility Generating Units'' (79 Fed. Reg. 1430
(January 8, 2014)).
(3) The proposed rule entitled ``Carbon Pollution Standards
for Modified and Reconstructed Stationary Sources: Electric
Utility Generating Units'' (79 Fed. Reg. 34960 (June 18,
2014)).
(4) With respect to the proposed rules described in
paragraphs (1), (2), and (3), any successor or substantially
similar proposed or final rule that--
(A) is issued prior to the date of enactment of this Act;
(B) is applicable to any new, modified, or reconstructed
source that is a fossil fuel-fired electric utility
generating unit; and
(C) does not meet the requirements under subsections (b)
and (c) of section 62_03.
(5) Any proposed or final rule or guideline under section
111 of the Clean Air Act (42 U.S.C. 7411) that--
(A) is issued prior to the date of enactment of this Act;
and
(B) establishes any standard of performance for emissions
of any greenhouse gas from any modified source or
reconstructed source that is a fossil fuel-fired electric
utility generating unit or apply to the emissions of any
greenhouse gas from an existing source that is a fossil fuel-
fired electric utility generating unit.
SEC. 62_07. RESTATEMENT OF EXISTING LAW.
Section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)) is
amended--
(1) by striking ``(d)(1) The Administrator'' and inserting
the following:
``(d) Standards of Performance for Existing Sources;
Remaining Useful Life of Source.--
``(1) In general.--The Administrator'';
(2) in paragraph (1)(A)(i), by striking ``section 108(a)
or'' and all that follows through ``but'' and insert
``section 108(a) or emitted from a source category that is
regulated under section 112, but'';
(3) by striking ``(2) The Administrator'' and inserting the
following:
``(2) Authority of the administrator.--The Administrator'';
(4) in the undesignated matter at the end, by striking ``In
promulgating a standard'' and inserting the following:
``(3) Considerations.--In promulgating a standard''; and
(5) by adding at the end the following:
``(4) Prohibition.--The Administrator shall not regulate as
an existing source under this subsection any source category
regulated under section 112.''.
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